TERMS OF USE

Last Updated Date: March 2, 2020

PLEASE READ THIS TERMS OF USE AGREEMENT (“TERMS OF USE”) CAREFULLY AS IT FORMS A BINDING LEGAL AGREEMENT BETWEEN YOU AND M SUMMIT 191 EXECUTIVE HOTEL SUITES. M Summit 191 Executive Hotel Suites, (“M Summit 191 Executive Hotel Suites”, “we”, or “us”) owns and operates the website made available to you at http://develop.summit191.com/ (the “Website”) and the Terms of Use governs your access to and use of the Website, including any products purchased through the Website (“Products”), and any other services made available through the Website (collectively, with the Products, and Website, the “Service” or “Services”).

PLEASE BE AWARE THAT SECTION 13 OF THIS AGREEMENT, BELOW, CONTAINS PROVISIONS GOVERNING HOW CLAIMS THAT YOU AND WE HAVE AGAINST EACH OTHER ARE RESOLVED, INCLUDING, WITHOUT LIMITATION, ANY CLAIMS THAT AROSE OR WERE ASSERTED PRIOR TO THE EFFECTIVE DATE OF THIS AGREEMENT. IN PARTICULAR, IT CONTAINS AN ARBITRATION AGREEMENT THAT WILL, WITH LIMITED EXCEPTIONS, REQUIRE DISPUTES BETWEEN US TO BE SUBMITTED TO BINDING AND FINAL ARBITRATION.  UNLESS YOU OPT-OUT OF THE ARBITRATION AGREEMENT: (1) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AND SEEK RELIEF AGAINST US ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING; AND (2) YOU ARE WAIVING YOUR RIGHT TO SEEK RELIEF IN A COURT OF LAW AND TO HAVE A JURY TRIAL ON YOUR CLAIMS. 

ANY DISPUTE OR CLAIM RELATING IN ANY WAY TO YOUR USE OF THE WEBSITE WILL BE GOVERNED AND INTERPRETED BY AND UNDER THE LAWS OF THE STATE OF CALIFORNIA, CONSISTENT WITH THE FEDERAL ARBITRATION ACT, WITHOUT GIVING EFFECT TO ANY PRINCIPLES THAT PROVIDE FOR THE APPLICATION OF THE LAW OF ANY OTHER JURISDICTION.  THE UNITED NATIONS CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS IS EXPRESSLY EXCLUDED FROM THIS AGREEMENT.

Your use of, and participation in, certain Services may be subject to additional terms (“Supplemental Terms”) and such Supplemental Terms will either be listed in the Terms of Use or will be presented to you for your acceptance when you sign up to use the supplemental Service.  If the Terms of Use are inconsistent with the Supplemental Terms, the Supplemental Terms shall control with respect to such Service.  The Terms of Use and any applicable Supplemental Terms are referred to herein as the “Terms.”

PLEASE NOTE THAT The Terms are subject to change by M Summit 191 Executive Hotel Suites in its sole discretion at any time.  When changes are made, M Summit 191 Executive Hotel Suites will make a new copy of the Terms of Use available at the Website and any new Supplemental Terms will be made available from within, or through, the affected Service on the Website.  We will also update the “Last Updated” date at the top of the Terms of Use.  If you do not agree to any change(s) after receiving a notice of such change(s), you shall stop using the Website and/or the Services.  Otherwise, your continued use of the Website and/or Services constitutes your acceptance of such change(s).  PLEASE REGULARLY CHECK THE WEBSITE TO VIEW THE THEN-CURRENT TERMS.

  1. Use of the Services and M Summit 191 Executive Hotel Suites Properties. The Website, the Services, and the information and content available on the Website and the Services (as these terms are defined herein) (collectively, the “M Summit 191 Executive Hotel Suites Properties”) are protected by copyright laws throughout the world.  Subject to the Terms, M Summit 191 Executive Hotel Suites grants you a limited license to reproduce portions of M Summit 191 Executive Hotel Suites Properties for the sole purpose of using the Services for your personal or internal business purposes. Unless otherwise specified by M Summit 191 Executive Hotel Suites in a separate license, your right to use any M Summit 191 Executive Hotel Suites Properties is subject to the Terms.
    1. You understand that M Summit 191 Executive Hotel Suites Properties are evolving.  As a result, M Summit 191 Executive Hotel Suites may require you to accept updates to M Summit 191 Executive Hotel Suites Properties that you have installed on your computer or mobile device. You acknowledge and agree that M Summit 191 Executive Hotel Suites may update M Summit 191 Executive Hotel Suites Properties with or without notifying you.  You may need to update third-party software from time to time in order to use M Summit 191 Executive Hotel Suites Properties.
    2. Certain Restrictions.The rights granted to you in the Terms are subject to the following restrictions: (a) you shall not license, sell, resell, upload, use, copy, rent, lease, lend, transfer, assign, reproduce, distribute, host or otherwise commercially exploit M Summit 191 Executive Hotel Suites Properties or any portion of M Summit 191 Executive Hotel Suites Properties, including the Website,  (b) you shall not frame or utilize framing techniques to enclose any trademark, logo, or other M Summit 191 Executive Hotel Suites Properties (including images, text, page layout or form) of M Summit 191 Executive Hotel Suites, or use the M Summit 191 Executive Hotel Suites Properties in any way that might confuse, misdirect, or misrepresent its source, or sponsorship or affiliation thereof or therewith; (c) you shall not use any metatags or other “hidden text” using M Summit 191 Executive Hotel Suites name or trademarks; (d) you shall not modify, translate, adapt, merge, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any part of M Summit 191 Executive Hotel Suites Properties except to the extent the foregoing restrictions are expressly prohibited by applicable law; (e) you shall not use any manual or automated software, devices or other processes (including but not limited to spiders, robots, scrapers, crawlers, avatars, data mining tools or the like) to access, monitory, copy or use the M Summit 191 Executive Hotel Suites Properties, interfere with product inventory or availability, or place or take preparatory steps to place orders for products, goods or services, or “scrape” or download data from any web pages contained in the Website (except that we grant the operators of public search engines revocable permission to use spiders to copy materials from the Website for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials); (f) you shall not access M Summit 191 Executive Hotel Suites Properties in order to build a similar or competitive website, application or service; (g) except as expressly stated herein, no part of M Summit 191 Executive Hotel Suites Properties may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means; (h) you shall not take any action that imposes any unreasonable or disproportionately large load on the M Summit 191 Executive Hotel Suites Properties; (i) you shall not take any action in connection with your use of the M Summit 191 Executive Hotel Suites Properties which violates any applicable local, state, national or international law, rule, regulation or order of any court in conjunction with your use thereof; (j) you shall not otherwise use the M Summit 191 Executive Hotel Suites Properties for any unlawful or abusive purposes, including, but not limited to, the violation of any intellectual property rights (whether belonging to M Summit 191 Executive Hotel Suites or third parties) and the posting or distribution of any “harmful” or “malicious” code or programming devices (e.g., viruses, malware, ransomware, corrupted files, key locks, back doors, trap doors, timers or other disabling devices) or any other similar software or programs that may adversely affect the operation of the Services or any other software, hardware, network or other technology (collectively, “Malicious Code”); and (k) you shall not remove or destroy any copyright notices or other proprietary markings contained on or in M Summit 191 Executive Hotel Suites Properties. Any future release, update or other addition to M Summit 191 Executive Hotel Suites Properties shall be subject to the Terms.  M Summit 191 Executive Hotel Suites, its suppliers and service providers reserve all rights not granted in the Terms.  Any unauthorized use of M Summit 191 Executive Hotel Suites Properties terminates the licenses granted by M Summit 191 Executive Hotel Suites pursuant to the Terms.
    3. Third-Party Materials. As a part of M Summit 191 Executive Hotel Suites Properties, you may have access to materials that are hosted by another party.  You agree that it is impossible for M Summit 191 Executive Hotel Suites to monitor such materials and that you access these materials at your own risk.
    1. Registering Your Account. In order to access certain features of M Summit 191 Executive Hotel Suites Properties, you may be required to become a Registered User.  For purposes of the Terms, a “Registered User” is a user who has registered an account on the Website (“Account”).
    2. Registration Data. In registering an account on the Website, you agree to (1) provide true, accurate, current and complete information about yourself as prompted by the registration form (the “Registration Data”); and (2) maintain and promptly update the Registration Data to keep it true, accurate, current and complete.  You represent that you are (1) at least thirteen (13) years old; (2) of legal age to form a binding contract; and (3) not a person barred from using M Summit 191 Executive Hotel Suites Properties under the laws of Malaysia, your place of residence or any other applicable jurisdiction.  You are responsible for all activities that occur under your Account.   You agree that you shall monitor your Account to restrict use by minors, and you will accept full responsibility for any unauthorized use of M Summit 191 Executive Hotel Suites Properties by minors.  If you provide any information that is untrue, inaccurate, not current or incomplete, or M Summit 191 Executive Hotel Suites has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, M Summit 191 Executive Hotel Suites has the right to suspend or terminate your Account and refuse any and all current or future use of M Summit 191 Executive Hotel Suites Properties (or any portion thereof).  You agree not to create an Account using a false identity or information, or on behalf of someone other than yourself.  You agree not to create an Account or use M Summit 191 Executive Hotel Suites Properties if you have been previously removed by M Summit 191 Executive Hotel Suites, or if you have been previously banned from any of M Summit 191 Executive Hotel Suites Properties.
    3. Necessary Equipment and Software. You must provide all equipment and software necessary to connect to M Summit 191 Executive Hotel Suites Properties, including but not limited to, a mobile device that is suitable to connect with and use M Summit 191 Executive Hotel Suites Properties, in cases where the Services offer a mobile component.  You are solely responsible for any fees, including Internet connection or mobile fees, that you incur when accessing M Summit 191 Executive Hotel Suites Properties.  By providing your cell phone number and using the Services, you hereby affirmatively consent to our use of your cell phone number for calls and texts in order to perform and improve upon the Services. M Summit 191 Executive Hotel Suites will not assess and charge for any calls or texts, but standard message charges or other charged from your wireless carrier may apply.  You may opt-out of receiving text messages from us by emailing reservations@summit191.com.
  3. Responsibility for Content.
    1. Types of Content. You acknowledge that all files, materials, data, text, audio, video, images or other content, including M Summit 191 Executive Hotel Suites Properties (“Content”), is the sole responsibility of the party from whom such Content originated.  This means that you, and not M Summit 191 Executive Hotel Suites, are entirely responsible for all Content that you upload, post, e-mail, transmit or otherwise make available (“Make Available”) through M Summit 191 Executive Hotel Suites Properties (“Your Content”), and that you and other users of M Summit 191 Executive Hotel Suites Properties, and not M Summit 191 Executive Hotel Suites, are similarly responsible for all Content they Make Available through M Summit 191 Executive Hotel Suites Properties (“User Content”).
    2. No Obligation to Pre-Screen Content. You acknowledge that M Summit 191 Executive Hotel Suites has no obligation to pre-screen Content (including, but not limited to, User Content), although M Summit 191 Executive Hotel Suites reserves the right in its sole discretion to pre-screen, refuse or remove any Content.  By entering into the Terms, you hereby provide your irrevocable consent to such monitoring.  You acknowledge and agree that you have no expectation of privacy concerning the transmission of Your Content, including without limitation chat, text, or voice communications.  In the event that M Summit 191 Executive Hotel Suites pre-screens, refuses, or removes any Content, you acknowledge that M Summit 191 Executive Hotel Suites will do so for M Summit 191 Executive Hotel Suites’ benefit, not yours.  Without limiting the foregoing, M Summit 191 Executive Hotel Suites shall have the right to remove any Content that violates the Terms or is otherwise objectionable.
    1. M Summit 191 Executive Hotel Suites Properties. Except with respect to any Content you may post and any content a user may post, you agree that M Summit 191 Executive Hotel Suites and its suppliers own all rights, title and interest in M Summit 191 Executive Hotel Suites Properties (including but not limited to, any titles, computer code, themes, objects, stories, dialogue, concepts, artwork, animations, sounds, musical compositions, audio-visual effects, methods of operation, moral rights, documentation, and server software).  You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Website, the Services, or M Summit 191 Executive Hotel Suites Properties.
    2. M Summit 191 Executive Hotel Suites and other related graphics, logos, service marks and trade names used on or in connection with M Summit 191 Executive Hotel Suites Properties or in connection with the Services are the trademarks of M Summit 191 Executive Hotel Suites and may not be used without permission in connection with any third-party products or services.  Other trademarks, service marks and trade names that may appear on or in M Summit 191 Executive Hotel Suites Properties are the property of their respective owners.
    3. Other Content. Except with respect to any Content that you may post, you agree that you have no right or title in or to any Content that appears on or in M Summit 191 Executive Hotel Suites Properties.
    4. License to Your Content. You grant M Summit 191 Executive Hotel Suites a fully-paid, royalty-free, perpetual, irrevocable, worldwide, royalty-free, non-exclusive and fully sublicensable right (including any moral rights) and license to use, license, distribute, reproduce, modify, adapt, publicly perform, and publicly display, any content you may post (in whole or in part) for the purposes of operating and providing M Summit 191 Executive Hotel Suites Properties to you and to our other users.  Please remember that other users may search for, see, use, modify and reproduce any of the Content you may post that you submit to any “public” area of M Summit 191 Executive Hotel Suites Properties.  You warrant that the holder of any worldwide intellectual property right, including moral rights, in any content you may post, has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant the license stated above.  You agree that you, not M Summit 191 Executive Hotel Suites, are responsible for all of the Content you may post on or in M Summit 191 Executive Hotel Suites Properties.
    5. You agree that submission of any ideas, suggestions, documents, and/or proposals to M Summit 191 Executive Hotel Suites through its suggestion, feedback, wiki, forum or similar pages (“Feedback”) is at your own risk and that M Summit 191 Executive Hotel Suites has no obligations (including without limitation obligations of confidentiality) with respect to such Feedback.  You represent and warrant that you have all rights necessary to submit the Feedback.  You hereby grant to M Summit 191 Executive Hotel Suites a fully-paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, and fully sublicensable right and license to use, reproduce, perform, display, distribute, adapt, modify, reformat, create derivative works of, and otherwise commercially or non-commercially exploit in any manner, any and all Feedback, and to sublicense the foregoing rights, in connection with the operation and maintenance of M Summit 191 Executive Hotel Suites Properties.
  5. Third-Party Services.  M Summit 191 Executive Hotel Suites Properties may contain affiliate links and other links to third-party websites (“Third-Party Websites”) and applications (“Third-Party Applications”) and advertisements for third parties (“Third-Party Ads”).  When you click on a link to a Third-Party Website, Third-Party Application or Third-Party Ad, we will not warn you that you have left M Summit 191 Executive Hotel Suites Properties and are subject to the terms and conditions (including privacy policies) of another website or destination.  Such Third-Party Websites, Third-Party Applications and Third-Party Ads are not under the control of M Summit 191 Executive Hotel Suites.  M Summit 191 Executive Hotel Suites is not responsible for any Third-Party Websites, Third-Party Applications or Third-Party Ads.  M Summit 191 Executive Hotel Suites provides these Third-Party Websites, Third-Party Applications and Third-Party Ads only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Websites, Third-Party Applications or Third-Party Ads, or their products or services.  You use all links in Third-Party Websites, Third-Party Applications and Third-Party Ads at your own risk. When you leave our Website, our Terms and policies no longer govern.  You should review applicable terms and policies, including privacy and data gathering practices, of any Third-Party Websites or Third-Party Applications, and should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any third party.
  6. Product Purchase Terms.
    1. Certain Products may be available exclusively online through the Website. These Products may have limited quantities. We have made every effort to display as accurately as possible the colours and images of our Products that appear on the Website. We cannot guarantee that your computer monitor’s display of any colour will be accurate. We reserve the right but are not obligated, to limit the sales of our Products to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any Products that we offer. All descriptions of Products or Product pricing are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any Product at any time. Any offer for any Product made on this Website is void where prohibited.
    2. Payments. We may change the amounts we charge for our Products and such changes are effective when we post the change on the applicable purchase page of our Site. You agree to pay all charges at the amounts in effect when such charges are incurred.  You must provide a valid credit, debit card (Visa, MasterCard, or any other accepted issuer) or other specified payment or financial mechanism (e.g. PayPal) (collectively, “Payment Provider”) as a condition to making any payments. Your Payment Provider agreement governs your use of the designated credit or debit card or other mechanisms, and you must refer to that agreement and not these Terms of Use to determine your rights and liabilities.  You hereby consent to provide and authorize M Summit 191 Executive Hotel Suites and its service providers (including Shopify, Inc. and any Payment Providers) to share any information and payment instructions you provide to the extent required to complete the payment transactions in accordance with these Terms of Use, including personal, financial, credit card payment, and transaction information.
    3. Payment Information.  By providing your payment and financial information, you agree that M Summit 191 Executive Hotel Suites, its service providers (e.g., Shopify, Inc.), and any of their third party payment processors are authorized to immediately charge your account for all applicable fees and charges and that no additional notice or consent is required.  M Summit 191 Executive Hotel Suites reserves the right at any time to change its prices and billing methods.  All information that you provide must be accurate, current and complete. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY PAYMENT CARD(S), PAYMENT MEANS OR OTHER FINANCIAL INFORMATION THAT YOU PROVIDE.
    4. Taxes. If any Products or payments under these Terms of Use are subject to Sales Tax in any jurisdiction and you have not remitted the applicable Sales Tax to M Summit 191 Executive Hotel Suites, you will be responsible for the payment of such Sales Tax and any related penalties or interest to the relevant tax authority and you will indemnify M Summit 191 Executive Hotel Suites for any liability or expense we may incur in connection with such Sales Tax.  Upon our request, you will provide us with official receipts issued by the appropriate taxing authority, or other such evidence that you have paid all applicable taxes.  For purposes of this section, “Sales Tax” will mean any sales or use tax, and any other tax measured by sales proceeds, that M Summit 191 Executive Hotel Suites is permitted to pass on to its customers that are the functional equivalent of a sales tax where the applicable taxing jurisdiction does not otherwise impose a sales or use tax.
    5. We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
    6. Cancellations. M Summit 191 Executive Hotel Suites reserves the right at its discretion to cancel or reverse any payment, even if it has been previously confirmed by M Summit 191 Executive Hotel Suites, as a result of any mistake or error, including any mistaken pricing, description error, or other error. Although it is unlikely that M Summit 191 Executive Hotel Suites would refuse to accept an order, M Summit 191 Executive Hotel Suites reserves the right to deny any order for any reason, including where the following situations arise: (i) insufficient information or errors in billing, payment, and/or shipping information; (ii) orders that cannot be processed due to erroneous information that you have provided, which includes, but is not limited to incorrect credit card or debit card number, expiration date, security value, or other incorrect information regarding payment types; (iii) suspected fraudulent information, or (iv) unavailability of merchandise due to discontinuance or otherwise. If any Product is discontinued or otherwise becomes unavailable prior to delivery, M Summit 191 Executive Hotel Suites reserves the right to cancel your order and provide you a refund for the amount paid for the Product. If this occurs, then M Summit 191 Executive Hotel Suites will attempt to contact you so that you are aware of the situation. In order to protect the intellectual property rights of M Summit 191 Executive Hotel Suites and its licensors and suppliers, any suspected resale of Products for personal and/or business profit is strictly prohibited. M Summit 191 Executive Hotel Suites will not accept any order that is deemed to possess characteristics of reselling. M Summit 191 Executive Hotel Suites reserves the right to cancel any subsequent order from a customer who has been suspected of reselling.
    7. Transfer of Risk and Title. The risk of loss of the Product passes to you on our delivery of the Product to the carrier, and you are responsible for any loss or damage to the Product from that point. You agree that claims against a carrier for damage during shipping are your responsibility.
    8. Third-Party Providers. M Summit 191 Executive Hotel Suites uses third parties to fulfill its Product orders.  By purchasing Products on the M Summit 191 Executive Hotel Suites Properties, you agree to be bound by those third parties’ terms of use and privacy policies and hereby consent and authorize M Summit 191 Executive Hotel Suites to share any information and payment and shipping instructions you provide with such third-party service providers to the extent required to complete your transactions.
    9. Refund Policy.  ALL SALES ARE FINAL. M Summit 191 Executive Hotel Suites does not accept returns, exchanges or refunds. Please note M Summit 191 Executive Hotel Suites, LLC reserves the right to refuse all returns.
  7. You agree to indemnify and hold M Summit 191 Executive Hotel Suites, its parents, subsidiaries, affiliates, officers, employees, agents, partners and licensors (collectively, the “M Summit 191 Executive Hotel Suites Parties”) harmless from any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of: (a) any content you may post; (b) your use of, or inability to use, M Summit 191 Executive Hotel Suites Properties; (c) your violation of the Terms; (d) your violation of any rights of another party, including any Users; or (e) your violation of any applicable laws, rules or regulations.  M Summit 191 Executive Hotel Suites reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with M Summit 191 Executive Hotel Suites in asserting any available defenses.  This provision does not require you to indemnify any of the M Summit 191 Executive Hotel Suites Parties for any unconscionable commercial practice by such party or for such party’s fraud, deception, false promise, misrepresentation or concealment, suppression or omission of any material fact in connection with the Website or any Services provided hereunder. You agree that the provisions in this section will survive any termination of your Account, the Terms or your access to M Summit 191 Executive Hotel Suites Properties.
  8. Disclaimer of Warranties and Conditions.
    1. As-Is. YOU EXPRESSLY UNDERSTAND AND AGREE THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOUR USE OF M SUMMIT 191 EXECUTIVE HOTEL SUITES PROPERTIES IS AT YOUR SOLE RISK, AND M SUMMIT 191 EXECUTIVE HOTEL SUITES PROPERTIES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS.  M SUMMIT 191 EXECUTIVE HOTEL SUITES PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT ARISING FROM USE OF THE WEBSITE.
      1. M SUMMIT 191 EXECUTIVE HOTEL SUITES PARTIES MAKE NO WARRANTY, REPRESENTATION OR CONDITION THAT: (1) M SUMMIT 191 EXECUTIVE HOTEL SUITES PROPERTIES WILL MEET YOUR REQUIREMENTS; (2) YOUR USE OF M SUMMIT 191 EXECUTIVE HOTEL SUITES PROPERTIES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; OR (3) THE RESULTS THAT MAY BE OBTAINED FROM USE OF M SUMMIT 191 EXECUTIVE HOTEL SUITES PROPERTIES WILL BE ACCURATE OR RELIABLE.
      2. ANY CONTENT ACCESSED THROUGH M SUMMIT 191 EXECUTIVE HOTEL SUITES PROPERTIES IS ACCESSED AT YOUR OWN RISK, AND YOU SHALL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY, INCLUDING, BUT NOT LIMITED TO, YOUR COMPUTER SYSTEM AND ANY DEVICE YOU USE TO ACCESS M SUMMIT 191 EXECUTIVE HOTEL SUITES PROPERTIES OR ANY OTHER LOSS THAT RESULTS FROM ACCESSING SUCH CONTENT.
      3. THE SERVICES MAY BE SUBJECT TO DELAYS, CANCELLATIONS AND OTHER DISRUPTIONS.  M SUMMIT 191 EXECUTIVE HOTEL SUITES MAKES NO WARRANTY, REPRESENTATION OR CONDITION WITH RESPECT TO SERVICES, INCLUDING BUT NOT LIMITED TO, THE QUALITY, EFFECTIVENESS, REPUTATION AND OTHER CHARACTERISTICS OF SERVICES.
      4. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM M SUMMIT 191 EXECUTIVE HOTEL SUITES OR THROUGH M SUMMIT 191 EXECUTIVE HOTEL SUITES PROPERTIES WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
    2. No Liability for Content.  THE SERVICE CONTAINS OPINIONS AND VIEWS OF M SUMMIT 191 EXECUTIVE HOTEL SUITES AND ITS USERS. M SUMMIT 191 EXECUTIVE HOTEL SUITES DOES NOT ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR THE ACCURACY, EFFICACY, OR VERACITY OF ANY CONTENT POSTED BY M SUMMIT 191 EXECUTIVE HOTEL SUITES OR ANY OF ITS USERS THAT ARE MADE AVAILABLE THROUGH THE SERVICE.
    3. No Liability for Conduct of Third Parties or Products. YOU ACKNOWLEDGE AND AGREE THAT M SUMMIT 191 EXECUTIVE HOTEL SUITES PARTIES ARE NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD M SUMMIT 191 EXECUTIVE HOTEL SUITES PARTIES LIABLE, FOR THE CONDUCT OF THIRD PARTIES OR THE PRODUCTS THAT THEY PROVIDE, INCLUDING OPERATORS OF EXTERNAL SITES, AND THAT THE RISK OF INJURY FROM SUCH THIRD PARTIES AND/OR PRODUCTS RESTS ENTIRELY WITH YOU.
    4. No Liability for Conduct of Other Users. YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF M SUMMIT 191 EXECUTIVE HOTEL SUITES PROPERTIES. YOU UNDERSTAND THAT M SUMMIT 191 EXECUTIVE HOTEL SUITES DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF M SUMMIT 191 EXECUTIVE HOTEL SUITES PROPERTIES.
    5. Professional Advice Disclaimer.
      1. THE CONTENT AND INFORMATION LOCATED ON THE M SUMMIT 191 EXECUTIVE HOTEL SUITES PROPERTIES ARE DESIGNED FOR EDUCATIONAL, INFORMATIONAL, AND ENTERTAINMENT PURPOSES ONLY AND IS NOT CONSTRUED TO BE ADVICE OF ANY KIND. YOU SHOULD NOT RELY ON INFORMATION AVAILABLE IN OR VIA THE M SUMMIT 191 EXECUTIVE HOTEL SUITES PROPERTIES AS A SUBSTITUTE FOR PROFESSIONAL ADVICE, INCLUDING MEDICAL ADVICE. YOU MUST NOT RELY ON ANY OF THE CONTENT AND INFORMATION FOR ANY PURPOSES WHATSOEVER, AND YOU MUST SEEK YOUR OWN INDEPENDENT PROFESSIONAL ADVICE BEFORE RELYING ON OR OTHERWISE DECIDING TO TAKE ANY ACTION ON THE BASIS OF ANY CONTENT OR INFORMATION AVAILABLE THROUGH THE SERVICES.
      2. IF YOU HAVE ANY CONCERNS OR QUESTIONS ABOUT YOUR HEALTH, YOU SHOULD ALWAYS CONSULT WITH A PHYSICIAN OR OTHER HEALTHCARE PROFESSIONAL. DO NOT DISREGARD, AVOID OR DELAY OBTAINING MEDICAL OR HEALTH-RELATED ADVICE FROM YOUR HEALTHCARE PROFESSIONAL BECAUSE OF INFORMATION OR CONTENT AVAILABLE ON THE M SUMMIT 191 EXECUTIVE HOTEL SUITES PROPERTIES. THE USE OF INFORMATION AND CONTENT PROVIDED THROUGH THE M SUMMIT 191 EXECUTIVE HOTEL SUITES PROPERTIES IS SOLELY AT YOUR OWN RISK.
      3. NOTHING STATED OR POSTED ON THE M SUMMIT 191 EXECUTIVE HOTEL SUITES PROPERTIES OR AVAILABLE THROUGH ANY SERVICES IS INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, THE PRACTICE OF MEDICAL OR COUNSELING CARE. FOR PURPOSES OF THIS AGREEMENT, THE PRACTICE OF MEDICINE AND COUNSELING INCLUDES, WITHOUT LIMITATION, PSYCHIATRY, PSYCHOLOGY, PSYCHOTHERAPY, OR PROVIDING HEALTH CARE TREATMENT, INSTRUCTIONS, DIAGNOSIS, PROGNOSIS OR ADVICE.
      4. THE M SUMMIT 191 EXECUTIVE HOTEL SUITES PROPERTIES ARE CONTINUALLY UNDER DEVELOPMENT AND M SUMMIT 191 EXECUTIVE HOTEL SUITES MAKE NO WARRANTY OF ANY KIND, IMPLIED OR EXPRESS, AS TO ITS ACCURACY, COMPLETENESS OR APPROPRIATENESS FOR ANY PURPOSE.
    6. Limitation of Liability.
      1. Disclaimer of Certain Damages. YOU UNDERSTAND AND AGREE THAT IN NO EVENT SHALL M SUMMIT 191 EXECUTIVE HOTEL SUITES PARTIES BE LIABLE FOR ANY LOSS OF PROFITS, REVENUE OR DATA, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH M SUMMIT 191 EXECUTIVE HOTEL SUITES PROPERTIES, OR DAMAGES OR COSTS DUE TO LOSS OF PRODUCTION OR USE, BUSINESS INTERRUPTION, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, WHETHER OR NOT M SUMMIT 191 EXECUTIVE HOTEL SUITES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THE TERMS, OR FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF M SUMMIT 191 EXECUTIVE HOTEL SUITES PROPERTIES, ON ANY THEORY OF LIABILITY, RESULTING FROM: (1) THE USE OR INABILITY TO USE M SUMMIT 191 EXECUTIVE HOTEL SUITES PROPERTIES; (2) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED FOR TRANSACTIONS ENTERED INTO THROUGH M SUMMIT 191 EXECUTIVE HOTEL SUITES PROPERTIES; (3) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (4) STATEMENTS OR CONDUCT OF M SUMMIT 191 EXECUTIVE HOTEL SUITES OR ANY THIRD PARTY ON M SUMMIT 191 EXECUTIVE HOTEL SUITES PROPERTIES; OR (5) ANY OTHER MATTER RELATED TO M SUMMIT 191 EXECUTIVE HOTEL SUITES PROPERTIES, WHETHER BASED ON WARRANTY, COPYRIGHT, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY.  THE FOREGOING CAP ON LIABILITY SHALL NOT APPLY TO LIABILITY OF A M SUMMIT 191 EXECUTIVE HOTEL SUITES PARTY FOR (A) DEATH OR PERSONAL INJURY CAUSED BY A M SUMMIT 191 EXECUTIVE HOTEL SUITES PARTY’S NEGLIGENCE; OR FOR (B) ANY INJURY CAUSED BY A M SUMMIT 191 EXECUTIVE HOTEL SUITES PARTY’S FRAUD OR FRAUDULENT MISREPRESENTATION.  M SUMMIT 191 EXECUTIVE HOTEL SUITES DOES NOT IN ANY WAY SEEK TO EXCLUDE OR LIMIT LIABILITY FOR (A) DEATH OR PERSONAL INJURY CAUSED BY M SUMMIT 191 EXECUTIVE HOTEL SUITES’ NEGLIGENCE; (B) FRAUD OR FRAUDULENT MISREPRESENTATION; OR (C) ANY OTHER LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED BY MALAYSIA LAW.
      2. Cap on Liability. UNDER NO CIRCUMSTANCES WILL M SUMMIT 191 EXECUTIVE HOTEL SUITES PARTIES BE LIABLE TO YOU FOR MORE THAN THE GREATER OF (A) THE TOTAL AMOUNT PAID TO M Summit 191 Executive Hotel Suites by you during the one-month period prior to the act, omission or occurrence giving rise to such liability and (B) THE REMEDY OR PENALTY IMPOSED BY THE STATUTE UNDER WHICH SUCH CLAIM ARISES.  THE FOREGOING CAP ON LIABILITY SHALL NOT APPLY TO LIABILITY OF A M SUMMIT 191 EXECUTIVE HOTEL SUITES PARTY FOR (A) DEATH OR PERSONAL INJURY CAUSED BY A M SUMMIT 191 EXECUTIVE HOTEL SUITES PARTY’S NEGLIGENCE; OR FOR (B) ANY INJURY CAUSED BY A M SUMMIT 191 EXECUTIVE HOTEL SUITES PARTY’S FRAUD OR FRAUDULENT MISREPRESENTATION.
      3. User Content.EXCEPT FOR M SUMMIT 191 EXECUTIVE HOTEL SUITES’ OBLIGATIONS TO PROTECT YOUR PERSONAL DATA AS SET FORTH IN THE M SUMMIT 191 EXECUTIVE HOTEL SUITES’ PRIVACY POLICY AVAILABLE AT http://develop.summit191.com/?page_id=1815, M SUMMIT 191 EXECUTIVE HOTEL SUITES ASSUMES NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MIS-DELIVERY OR FAILURE TO STORE ANY CONTENT (INCLUDING, BUT NOT LIMITED TO, YOUR CONTENT AND USER CONTENT), USER COMMUNICATIONS OR PERSONALIZATION SETTINGS.
      4. Basis of the Bargain. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN M SUMMIT 191 EXECUTIVE HOTEL SUITES AND YOU.
    7. If M Summit 191 Executive Hotel Suites becomes aware of any possible violations by you of the Terms, M Summit 191 Executive Hotel Suites reserves the right to investigate such violations.  If, as a result of the investigation, M Summit 191 Executive Hotel Suites believes that criminal activity has occurred, M Summit 191 Executive Hotel Suites reserves the right to refer the matter to, and to cooperate with, any and all applicable legal authorities. M Summit 191 Executive Hotel Suites is entitled, except to the extent prohibited by applicable law, to disclose any information or materials on or in M Summit 191 Executive Hotel Suites Properties, including any content you may post, in M Summit 191 Executive Hotel Suites’ possession in connection with your use of M Summit 191 Executive Hotel Suites Properties, to (1) comply with applicable laws, legal process or governmental request; (2) enforce the Terms, (3) respond to any claims that the content you may post violates the rights of third parties, (4) respond to your requests for customer service, or (5) protect the rights, property or personal safety of M Summit 191 Executive Hotel Suites, its users or the public, and all enforcement or other government officials, as M Summit 191 Executive Hotel Suites in its sole discretion believes to be necessary or appropriate.
    8. Term and Termination. 
      1. The Terms commence on the date when you accept them (as described in the preamble above) and remain in full force and effect while you use M Summit 191 Executive Hotel Suites Properties unless terminated earlier in accordance with the Terms.
      2. Termination of Services by M Summit 191 Executive Hotel Suites.  If timely payment cannot be charged to your Payment Provider for any reason, if you have materially breached any provision of the Terms, or if M Summit 191 Executive Hotel Suites are required to do so by law (e.g., where the provision of the Website or the Services is, or becomes, unlawful), M Summit 191 Executive Hotel Suites has the right to, immediately and without notice, suspend or terminate any Services provided to you. M Summit 191 Executive Hotel Suites reserves the right to refuse service and/or prohibit or terminate access to the M Summit 191 Executive Hotel Suites Properties, in whole or in part, for any or no reason, at any time in its sole discretion, with or without notice to you. Further, your breach of these Terms may jeopardize your continued use of the M Summit 191 Executive Hotel Suites Properties and may result in the cancellation of your orders, among other consequences. You agree that all terminations for cause shall be made in M Summit 191 Executive Hotel Suites’ sole discretion and that M Summit 191 Executive Hotel Suites shall not be liable to you or any third party for any termination of your Account.
      3. Termination of Services by You.  If you want to terminate the Services provided by M Summit 191 Executive Hotel Suites, you may do so by (a) notifying M Summit 191 Executive Hotel Suites at any time, and (b) closing your Account for all of the Services that you use. Your notice should be sent, in writing, to M Summit 191 Executive Hotel Suites’ address set forth below.
      4. Effect of Termination. Termination of any Service includes removal of access to such Service and barring of further use of the Service.  Termination of all Services also includes deletion of your password and all related information, files and Content associated with or inside your Account (or any part thereof), including the content you may post.  Upon termination of any Service, your right to use such Service will automatically terminate immediately. You understand that any termination of Services may involve deletion of any content you may post associated therewith from our live databases. M Summit 191 Executive Hotel Suites will not have any liability whatsoever to you for any suspension or termination, including for deletion of the content you may post.  All provisions of the Terms which by their nature should survive shall survive termination of Services, including without limitation, ownership provisions, warranty disclaimers, and limitation of liability.
    9. International Users.  M Summit 191 Executive Hotel Suites Properties can be accessed from countries around the world and may contain references to Services and Content that are not available in your country.  These references do not imply that M Summit 191 Executive Hotel Suites intends to announce such Services or Content in your country.  M Summit 191 Executive Hotel Suites Properties are controlled and offered by M Summit 191 Executive Hotel Suites from its facilities in Malaysia. M Summit 191 Executive Hotel Suites makes no representations that M Summit 191 Executive Hotel Suites Properties are appropriate or available for use in other locations.  Those who access or use M Summit 191 Executive Hotel Suites Properties from other countries do so at their own volition and are responsible for compliance with local law.
    1. General Provisions.
      1. Electronic Communications. The communications between you and M Summit 191 Executive Hotel Suites use electronic means, whether you visit M Summit 191 Executive Hotel Suites Properties or send M Summit 191 Executive Hotel Suites e-mails, or whether M Summit 191 Executive Hotel Suites posts notices on M Summit 191 Executive Hotel Suites Properties or communicates with you via e-mail.  For contractual purposes, you (1) consent to receive communications from M Summit 191 Executive Hotel Suites in an electronic form; and (2) agree that all terms and conditions, agreements, notices, disclosures, and other communications that M Summit 191 Executive Hotel Suites provides to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing.  The foregoing does not affect your statutory rights.
      2. You hereby release M Summit 191 Executive Hotel Suites Parties and their successors from claims, demands, any and all losses, damages, rights, and actions of any kind, including personal injuries, death, and property damage, that is either directly or indirectly related to or arises from your use of M Summit 191 Executive Hotel Suites Properties, including but not limited to, any interactions with or conduct of other Users or third-party websites of any kind arising in connection with or as a result of the Terms or your use of M Summit 191 Executive Hotel Suites Properties.  If you are a California resident, you hereby waive California Civil Code Section 1542, which states, “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.  The foregoing release does not apply to any claims, demands, or any losses, damages, rights and actions of any kind, including personal injuries, death or property damage for any unconscionable commercial practice by an M Summit 191 Executive Hotel Suites Party or for such party’s fraud, deception, false, promise, misrepresentation or concealment, suppression or omission of any material fact in connection with the Website or any Services provided hereunder.
      3. The Terms, and your rights and obligations hereunder, may not be assigned, subcontracted, delegated or otherwise transferred by you without M Summit 191 Executive Hotel Suites’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void.
      4. Force Majeure.M Summit 191 Executive Hotel Suites shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, strikes or shortages of transportation facilities, fuel, energy, labor or materials. If a Force Majeure event occurs that affects M Summit 191 Executive Hotel Suites’ performance of its obligations under these Terms: (a) M Summit 191 Executive Hotel Suites will contact you as soon as reasonably possible to notify you; and (b) M Summit 191 Executive Hotel Suites’s obligations under these Terms will be suspended and the time for M Summit 191 Executive Hotel Suites’ performance of its obligations will be extended for the duration of the Force Majeure event. You may cancel the Services affected by a Force Majeure event that has continued for more than 30 days. To cancel please contact M Summit 191 Executive Hotel Suites.
      5. If any portion of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner to reflect, as nearly as possible, the original intention of the parties, and the remaining portions shall remain in full force and effect.
      6. Entire Agreement. The Terms are the final, complete and exclusive agreement of the parties with respect to the subject matter hereof and supersedes and merges all prior discussions between the parties with respect to such subject matter.